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Commercial Law 2017/2018

  • 4 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

Students should acquire solid knowledge of the law governing the trade, stressing the specifics that empower this branch of law, with particular emphasis on the role played by the company.

Students should be able to classify the acts of trade; characterize the merchant and the respective obligations; identify and seize market resulting legal system of qualification as a trader and as an act or commercial obligation.

Students should qualify business enterprises and identify the legal framework of business on businesses.

Students should also understand the importance of trade agreements in the economic, identifying the most burning issues, in order to enable them to interpret and solve the problems arising from profisisonal / business performance of economic activities.

Recommended Prerequisites

Fundamental notions of Law and General Theory of Civil Law.

Teaching Metodology

The classes in the theoretical, are essentially characterized by the oral presentation of the syllabus, accompanied by concrete cases and the review of legislation.
As part of a school that is to be interactive, it encourages the placement of issues and critical analysis of taught matter.
The classes in the practical part, has as main objective to develop the theoretical subjects taught, using the interrogative method, the resolution practical exercises and analysis of jurisprudence, taking special preponderance answering questions.
At the same time, we try to deal with specific legal issues, aiming to provide students with this very close contact with legal reality.
Throughout this process, we intend to encourage the student to research and develop a self-study.

Body of Work

Introduction
Conceptions and sources of commercial law

Chapter I - Of the acts of general trade
1. Notion
2. Objective and subjective trade acts
3. Autonomous trade acts and accessory commercial acts
4. Formal and substantial commercial trade acts
5. Bilateral and unilateral trade acts

Chapter II - Traders
1. Persons qualified as traders
2. Non-eligible persons as traders
3. Subject inhibited of trade profession
4. Commercial legal framework
5. Late payment in commercial transactions
6. Status of traders

Chapter III - Business on undertakings
1. Undertalings in the objective sense.
2. Business on undertakings
2.1 Undertaking sale
2.2 Undertaking lease

Chapter IV - Commercial Contracts
1. Commercial contracts in general
2. Formation and limits
3. Some commercial contracts in special

Chapter V - Industrial Property and Unfair Competition

Recommended Bibliography

ABREU, Jorge M. Coutinho, Curso de Direito Comercial, Vol. I, 10ª ed. , Coimbra: Almedina, 2016

Legislação
MIMOSO, Maria João, "Legislação Empresarial", Lisboa: Quid Juris, 2012.

Complementary Bibliography

ANTUNES, José A. Engrácia, Direito dos Contratos Comerciais Coimbra: Almedina, 2014.

CORDEIRO; A. Menezes, "Manual de Direito Comercial", Coimbra: Almedina, 2012.

CORREIA, A. Ferrer, "Lições de Direito Comercial", Reimp., Lisboa.

CORREIA, Miguel Pupo, Direito Comercial – Direito da Empresa, Reimpressão da 12.ª Edição Revista e actualizada de 2011, Lisboa: Ediforum, 2015.

CUNHA, Paulo Olavo, Lições de Direito Comercial, Coimbra: Almedina, 2010.

MONTEIRO, António Pinto, Contratos de Distribuição Comercial, Coimbra: Almedina,2009.

SANTOS, Filipe Cassiano dos, Direito Comercial Português, Volume I - Dos atos de comércio às empresas: o regime dos contratos e mecanismos comerciais no Direito Português, Coimbra:Coimbra Editora, 2007.

VASCONCELOS, Pedro Pais de, Direito Comercial, Vol. I, Coimbra: Almedina, 2010.

Weekly Planning

Lectures

1st Week
Presentation. General comments on the study plan, the methodology of classes and evaluation. Bibliography
Introduction.
Historical evolution of the Commercial Law. The Commercial Law of the future.
Autonomy of Commercial Law: e credit protection, celerity in business activity, assurance and firmness of transactions protection, appearance protection

2nd Week
The undertaking in commercial law. Art. 230 of CCom.
Sources of Commercial Law: internal and external
External sources and internal sources
Interpretation and integration of commercial law.
Consolidation of knowledge on the subject through the question of students.

3rd Week
The acts of trade and traders.
Trade act notion.
Classification of trade acts
Objective and Subjective trade acts
Commercial acts qualification by analogy. The accessory theory.
Autonomous trade acts and accessory commercial acts
Formal and substantial commercial trade acts
Bilateral and unilateral trade acts
Resolution of practical exercises on the classification of commercial acts.

4th Week
Traders.
The quality of trader.
Persons not eligible traders and those who are legally inhibited the profession. Others.
Brief reference to the corporation types.
Resolution of case studies on the qualification of acts of trade and the quality of trader. Interrogation of students. Students interrogation

5th week
Legal status of commercial transactions: form, severe liability, status limitation and legal rate of interest.
Late payments in commercial transactions.
Spouse liability for commercial debts.
Resolution of case studies on the qualification of acts of trade and the quality of trader. Students interrogation.

6th week
Spouse liability for commercial debts.
Resolution of practical exercises on the commercial legal framework: form, passive form, severe liability, status limitation and legal rate of interest.
Case law analysis.

7th Week
Status of traders: bookkeeping, accounting and registration in the commercial register.
Resolution of practical exercises on the commercial legal framework: form, passive form, severe liability, status limitation and legal rate of interest and responsibility for debts. Students interrogation.

8th Week
Status of traders: the firm.
Undertakings in the objective perspective.
The Commercial Establishment: concept and elements; legal nature
Resolution of practical cases about the firm. Case law analysis.

9th Week
Written test.

10th Week
Business on undertakings
Undertaking sale:concept and legal framework.
Undertaking lease: concept and legal framework
Resolution of practical cases on undertaking sale and lease. Case law analysis.

11th Week
Commercial contracts.
The commercial contracts in general.
The formation of commercial contracts.
Limits on the content: The general contractual clauses legal framework.
Resolution of practical cases on undertaking sale and lease.

12th Week
Some commercial contracts in special.
The commercial distribution contracts.

13th Week
Industrial Property.
General considerations.
Industrial criations.
Distinguishing trademarks.
Resolution of practical cases on Industrial Property. Case law analysis

14th Week
Unfair Competition
General considerations.
Typical categories.
Resolution of practical cases on Unfair Competition. Case law analysis

15th Week
Clarification of doubts.

The date planned for the written test may be changed.

Demonstration of the syllabus coherence with the curricular unit's objectives

The UC was structured according to the intended objectives, in order to provide students with solid knowledge of commercial law. The objective regarding understanding the inherent autonomy of this branch of law and the role of the undertaking is achieved by introduction, where alongside the historical evolution, is projected the development of commercial law in the future. The Caps. I and II enable students to classify acts of trade; characterize the merchant and the respective obligations and to identify the commercial legal framework. Cap. III enables students to qualify undertakings and identify the legal framework of businesses on undertakings . Understanding the importance of trade agreements in the economic life and the most relevant questions about the commercial contracts formation, limits and agreement in association is achieved by Cap. IV. Skills on Industrial Property and Unfair Competition are acquired through Cap.V.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The expository method used in the theoretical aspect of the classes is shown to be suitable for the transmission of the contents that make up this course, with an interactive component, secured by the space created in the classes for the placement of issues, analysis of specific cases, essential for the best and faster learning of students. The review of the legislation, the case studies in jurisprudence and the resolution of practical cases create the conditions necessary for students by identifying the most relevant issues in the qualification of acts of commerce and traders, the application of the legal system - commercial, business on the business and distribution agreements, be able to interpret and resolve the issues of practical life surrounding these matters. The combination of contact hours in practice theoretically seat favors the application by students of theoretical knowledge to concrete cases, stimulating the necessary independent study carried out by the student. Throughout this process, we intend to encourage the student to research and develop a self-study.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Research skillsYesYes
Written and verbal communications skillsYesYes
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